Requesting that the
Joint Committee on Government and Finance
authorize a study of the law governing the West Virginia
Occupational, Safety and Health Act for public employees.

Whereas, The Legislature enacted Chapter 21, Article 3A of the
West Virginia Code in 1987 and the law has not been modified to
incorporate modern technologies and related changes in occupational
safety practices; and
Whereas, According to a 2002 Legislative Audit, the West
Virginia Occupational Safety and Health Act has never been properly
implemented or enforced; and
Whereas, Implementation and enforcement of the West Virginia
Occupational Safety and Health Act may provide access to certain
federal matching funds for state implementation and enforcement of
Occupational Safety and Health Act standards for public employees;
and
Whereas, The Legislature is committed to ensuring that all
employees of the state have a safe workplace, and implementation
and enforcement of the West Virginia Occupational Safety and Health
Act would further that priority; therefore, be itResolved by the Legislature of West Virginia:
That the
Joint Committee on Government and Finance is hereby
requested to authorize a study of the law governing the West
Virginia Occupational, Safety and Health Act for public employees;
and, be itFurther Resolved, That the Legislative Auditor, the Division
of Labor and other agencies that the Joint Committee on Government
and Finance determines may be able to offer expertise and advice on
the development of and implementation of occupational, safety and
health standards, shall be directed to participate in this study;
and, be itFurther Resolved, That the Joint Committee on Government and
Finance report to the Regular Session of the Legislature in 2011 on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be itFurther Resolved, That the Legislative expenses necessary to
conduct this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.